HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 07/07/2014 1
Public Works Committee Agenda
40 A. Councilmembers: Brenda Fincher • Dana Ralph • Dennis Higgins, Chair
�� KENT
WASHINGTON
July 7, 2014
4:00 P.m.
Item Description Action Speaker Time Page
1. Approval of Meeting Minutes for June 16, 2014 YES None 03 03
2. Consultant Servicers Agreement with Shannon & YES Matt Knox 05 07
Associates for the Green River Natural Resource
Area - Pump Station Mitigation Plan Agreement
3. S. 2281h & S 2121h Street Railroad Grade YES Mark Howlett 30 27
Separations - Contract Authorization
4. Information Only/Water Resource Inventory Area NO Mike Mactutis 10 29
Interlocal Agreement
5. Information Only/Proposed Transportation Benefit NO Monica Whitman 15 43
District
6. Information Only/Howard Hanson Dam Fish NO Tim LaPorte 05 45
Passage
7. Information Only/Water Rate Analysis NO Paul Scott 15 51
Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1"& 3rd Mondays of each
month. Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information
please contact Public Works Administration (253) 856-5500.
Any person requiring a disability accommodation should contact the City Clerk's Office at
(253) 856-5725 in advance.
For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388.
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Public Works Committee Minutes 3
June 16, 2014.
COMMITTEE MEMBERS PRESENT:
Committee Chair, Dennis Higgins and Committee members Dana Ralph and Brenda Fincher were present.
The meeting was called to order at 4:02 p.m.
Item 1 — Approval of Meeting Minutes Dated June 2, 2014:
Committee member Fincher MOVED to approve the minutes of June 2, 2014. The motion was
SECONDED by Committee member Ralph and PASSED 3-0.
Item 2 — Oil Trains - Resolution:
Senior Transportation Planner, Monica Whitman noted that train traffic, specifically oil train traffic, is
anticipated to increase through the City of Kent on the Burlington Northern Railroad Line in the coming
years. She noted that oil from the trains is more explosive than normal which prompted the Federal
Pipeline and Hazardous Materials Safety Administration to issue a major safety alert in January 2014.
Due to potential impacts of oil train derailments in the Puget Sound area communities are encouraging
federal regulatory agencies to create safety regulations to reduce the potential impacts to communities
including Kent. This resolution helps identify to the applicable agencies Kent's concerns and authorizes
the Mayor to carry out directives as described in the resolution.
Committee member Ralph moved to authorize the Mayor to sign Resolution No. seeking
to protect the health, safety, and economic well-being of our local citizens and natural
resources from the potential impact of increased crude oil traffic passing through Kent. The
motion was SECONDED by Committee member Fincher and PASSED 3-0.
Item 3 — Professional Services Agreement/Jason Engineering — 64" Ave S Channel
Improvements Union Pacific Railroad Spur Culvert Replacement:
Construction Engineering Supervisor, Paul Kuehne noted that this project includes removing three 60 inch
diameter, 130 foot long culverts and replacing them with two, precast concrete box culverts.
Underground rock columns will be installed as a foundation to support the culverts and the railroad spur.
Kuehne further noted that it is industry standard to have experts on materials testing verify the quality of
the construction materials. Jason Engineering &Consulting Business, Inc. possesses this expertise and
was selected through a competitive process.
Committee member Fincher moved to authorize the Mayor to sign a Public Works Agreement
with Jason Engineering &Consulting Business, Inc. for materials testing and inspection
services of the 641h Avenue Channel Improvements, Union Pacific Railroad Spur Culvert
Replacement project in an amount not to exceed $65,420, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director. The motion was
SECONDED by Committee member Ralph and PASSED 3-0.
Item 4 — Boeing Levee Ecosystem Restoration Project — Project Partnership Agreement:
Environmental Engineer II, Toby Hallock, P.E. noted that Jeff Watling, Parks Director, Jeff Dillon, US Army
Corps of Engineers and Kent Engineering staff have been working really hard to put this project together.
Hallock reminded the committee of the location of this project and that it is a multi-objective project that
benefits habitat restoration, reduces flood risk, and provides recreational value.
1
Public Works Committee Minutes 4
June 16, 2014.
The Project Partnership Agreement (PPA) explains responsibilities for both the Non-Federal Sponsor (City)
and the Government (Corps) for the Boeing Levee Ecosystem Restoration Project (ERP). Hallock went on
to note that the City is negotiating an Interlocal Agreement with the King County Flood Control District
which will provide for reimbursement of the City's local share as well as assignment of long term
maintenance responsibilities.
Committee member Ralph moved to recommend Council authorize the Mayor to sign the
Project Partnership Agreement with US Army Corps of Engineers for the Boeing Levee
Ecosystem Restoration Project, subject to the execution of an Interlocal Agreement with the
King County Flood Control District and subject to final terms and conditions acceptable to the
City. The motion was SECONDED by Committee member Fincher and PASSED 3-0.
Item 5 — Consultant Services Agreement with GeoEnaineers for SE 2401h Street Slope
Stabilization & Pavement Restoration:
Design Engineering Manager, Mark Howlett stated that the purpose of this contract will be to design a
repair for the slope instability located on the north shoulder of SE 2401h Street between 1441h Avenue SE
and 1461h Place SE. This contract will include geotechnical, structural and civil engineering design services
for repair of the slope.
Committee member Fincher moved to authorize the Mayor to sign a Consultant Services
Agreement with GeoEngineers in an amount not to exceed $66,000 to provide design services
for slope stabilization and pavement restoration along SE 2401h Street, subject to final terms
and conditions acceptable to the City Attorney and Public Works Director. The motion was
SECONDED by Committee member Ralph and PASSED 3-0.
Item 6 — SE 2401h Street Slide Repair Proiect Pre-Approval:
Design Engineering Manager, Mark Howlett, as stated earlier, the slope located on the north shoulder of
SE 240th Street between 144th Avenue SE and 146th Place SE unstable and needs to be repaired. The
repair that has been decided on is a soldier pile wall. In order to proceed to construction in a timely
manner, the Public Works Department is requesting that the Council authorize the Mayor to sign all
necessary documents to enter into a contract with the lowest acceptable bidder once bids are opened.
Committee member Ralph moved to authorize the Mayor to sign all necessary documents to
enter into a construction contract for the SE 2401h Street Slide Repair Project, subject to final
terms and conditions acceptable to the City Attorney and the Public Works Director up to a
maximum amount of $700,000. The motion was SECONDED by Committee member Fincher and
PASSED 3-0.
Item 7 — Solid Waste Franchise Agreement:
Special Project Manager, Kelly Peterson noted that the city maintains 320 centerline miles of streets, over
half of which are residential. The solid waste utility operates on these city streets across the entire city.
Staff has analyzed potential benefits of the solid waste franchise fee option and produced a table showing
potential changes to rates if the franchise fee was included as a percent of the waste hauler's gross
income.
Peterson noted that, if directed, staff can begin negotiations on a contract amendment with Republic
Services to include a franchise fee. The city contracts with Republic Services for the entire city under a
contract that runs through March 31, 2018. It was noted that the city may be able to negotiate a longer
contract.
2
Public Works Committee Minutes 5
June 16, 2014.
Committee member Fincher moved to direct staff to renegotiate the Solid Waste, Recycling
and Yard and Food Waste contract with Republic Services (formerly Allied Waste, Inc.), to
incorporate a solid waste franchise fee into the rate structure to be used for the purposes of
maintaining our street network. The motion was SECONDED by Committee member Ralph and
PASSED 3-0.
Item 8 - Amended 2015-2010 Six-Year Transportation Improvement Program:
Senior Transportation Planner, Monica Whitman went over the changes made to the Transportation
Improvement Program since the Committee's initial briefing on Monday, May 19, 2014. Staff sought
feedback regarding the list of projects included in the plan.
Committee member Ralph moved to recommend that the Public Works Committee forward the
Draft 2015-2020 Six Year Transportation Improvement Program (TIP) to Council and set a
date for a Public Hearing. The motion was SECONDED by Committee member Fincher and
PASSED 3-0.
The meeting was adjourned at 5:03 p.m.
76eiCheryl Viseth
Council Committee Recorder
3
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7
PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: June 30, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: July 7, 2014
From: Matt Knox, Environmental Ecologist
Through: Chad Bieren, P.E., City Engineer
Subject: Consultant Services Agreement with Shannon & Wilson
Associates for the Green River Natural Resources Area -
Pump Station Wetland Mitigation Plan
Item - 2
Motion:
Move to recommend Council authorize the Mayor to sign a consultant
services agreement with Shannon & Wilson Incorporated in an amount not
to exceed $23,616 to prepare a wetland mitigation plan and biological
assessment for the Green River Natural Resources Area Pump Station
project. This agreement is subject to terms and final conditions acceptable
to the City Attorney and Public Works Director.
Summary:
The GRNRA is designed to provide over 100-acre-feet of flood storage. A 30 CFS
pump station was proposed as part of the original project but funding constraints left
the pump station out of the 1996 construction. The GRNRA is currently operating
approximately 2 feet higher than the design target, resulting in —25% loss of active
detention storage. The installation of a pump station and outfall pipe to the Green
River would restore the original flood storage capacity.
The GRNRA Pump Station project would impact wetland, wetland buffers and the
Green River. Wetland mitigation would therefore be required by Kent City Code and
the Clean Water Act, and potential impacts to endangered species need to be
determined. This contract allows Shannon & Wilson to prepare a wetland mitigation
plan and assess impacts to threatened and endangered species.
Budget Impact:
The contract will be paid through the Stormwater Utility Fund.
8
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9
KENT
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Shannon & Wilson, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Shannon & Wilson, Inc. organized under the laws of the State of
Washington, located and doing business at PO Box 300303, Seattle, WA 98103, Phone: (206)
632-8020/Fax: (206) 695-6777, Contact: Becki Kniveton (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
The Consultant shall prepare a wetland mitigation plan and biological assessment
for the Green River Natural Resources Area Pump Station Project. For a
description, see the Consultant's Scope of Work which is attached as Exhibit A and
incorporated by this reference.
Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Consultant
shall complete the work described in Section I by December 31, 2015.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Twenty Three Thousand, Six Hundred Sixteen Dollars ($23,616.00), for the
services described in this Agreement. This is the maximum amount to be paid
under this Agreement for the work described in Section I above, and shall not be
exceeded without the prior written authorization of the City in the form of a
negotiated and executed amendment to this agreement. The Consultant agrees
that the hourly or flat rate charged by it for its services contracted for herein shall
remain locked at the negotiated rate(s) for a period of one (1) year from the
effective date of this Agreement. The Consultant's billing rates shall be as
delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
CONSULTANT SERVICES AGREEMENT - 1
(Over$10,000)
10
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Consultant has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. If the City's use of Consultant's records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion
of the contract work, file the attached Compliance Statement.
CONSULTANT SERVICES AGREEMENT - 2
(Over$10,000)
11
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Consultant's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender
was made pursuant to this indemnification clause, and if that refusal is subsequently determined
by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Consultant's part, then Consultant shall pay all the City's costs for defense, including all
reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and
fees incurred because there was a wrongful refusal on the Consultant's part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and become the property of the City. All records submitted by the City to the
Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents,
and files available to the City upon the City's request. The City's use or reuse of any of the
documents, data and files created by Consultant for this project by anyone other than
Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent
contractor with the authority to control and direct the performance and details of the work
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
CONSULTANT SERVICES AGREEMENT - 3
(Over$10,000)
12
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
CONSULTANT SERVICES AGREEMENT - 4
(Over$10,000)
13
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Consultant's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
I. City Business License Required. Prior to commencing the tasks described in Section
I, Contractor agrees to provide proof of a current city of Kent business license pursuant to
Chapter 5.01 of the Kent City Code.
3. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Becki Kniveton Timothy 3. LaPorte, P.E.
Shannon & Wilson, Inc. City of Kent
PO Box 300303 220 Fourth Avenue South
Seattle, WA 98103 Kent, WA 98032
(206) 632-8020 (telephone) (253) 856-5500 (telephone)
(206) 695-6777 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
Shannon&Wilson-GRN0. PS/Knox
CONSULTANT SERVICES AGREEMENT 5
(Over$10,000)
14
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1
15
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
16
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
17
Proposal to Prepare a Wetland Mitigation Plan
and Biological Assessment for the
Green River Pump Station Project
Kent, Washington
June 11, 2014
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Submitted To:
Mr. Matthew Knox
City of Kent Public Works
220 Fourth Avenue South
Kent,Washington 98032
By.
Shannon &Wilson, Inc.
400 N 341h Street, Suite 100
Seattle,Washington 98103
21-2-61738-001
18
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June 11, 2014
Mr. Matthew Knox
City of Kent Public Works
220 Fourth Avenue South
Kent, WA 98032
RE: PROPOSAL TO PREPARE A WETLAND MITIGATION PLAN AND
BIOLOGICAL ASSESSMENT FOR THE GREEN RIVER PUMP STATION
PROJECT, KENT, WASHINGTON
Dear Mr. Knox:
We appreciate this opportunity to assist the City of Kent(the City)with the Green River Pump
Station project. We understand that the project will have unavoidable wetland and wetland
buffer impacts and will require a federal Clean Water Act Section 404 permit from the
U.S. Army Corps of Engineers (the Corps). Our proposed services consist of preparing a
wetland mitigation plan to compensate for the wetland and wetland buffer impacts associated
with the project and completing a biological assessment(BA) for the project to satisfy the federal
Endangered Species Act(ESA) Section 7 consultation requirements.
PROJECT UNDERSTANDING
The City proposes to construct a new pump station at the Green River Natural Resources Area
(GRNRA),near the western edge of a large lagoon, and a new outfall pipe running west from the
pump station toward the Green River. We assume the outfall can be designed to remain above
the ordinary high water mark of the Green River. In 2012, Shannon &Wilson, Inc. (Shannon &
Wilson) delineated a portion of the wetland boundary associated with the lagoon for the City's
Lower Lowest Russell Road Levee project. The wetland is an approximately 130-acre,
Category 11 wetland. We understand that, although design options are still being developed, it is
assumed that no more than 2,000 square feet of permanent wetland impacts will occur as a result
of the pump station project. Wetland buffer impacts are also anticipated.
400 NORTH 34"STREET—SUITE 100 I
PO BOX 300303
SEATTLE,bVA 98103
206-632-8020 FAX 206-695-6777
TDD: 1-800-833-6388
w .shanmonwilson.com 2 1-2-61 73 8-00 1
19
Mr. Matthew Knox 81-MMONWLSOMINC.
City of Kent Public Works
June 11, 2014
Page 2 of 5
We understand that the City proposes to conduct wetland and wetland buffer mitigation in the
GRNRA to compensate for the Green River Pump Station project impacts.
SCOPE OF SERVICES
Task 1: Ordinary High Water Mark(OHWM)Assistance
i
Shannon & Wilson will meet the City's surveyors at the proposed outfall location to determine
the OHWM of the Green River in this location. The 011WM will be determined using the
methodology in the Ecology technical report, Determining the Ordinary High Water Mark on
Streams in Washington State.
Based on our experience on other City projects on the Green River corridor, steep slopes may
prevent us from physically flagging the OHWM in the proposed outfall location. Because it is
unknown whether it is safe to access the OHWM location, we assume that Shannon &Wilson
will stand at the top of the levee and visually point out the 01IWM to the surveyors. We
understand that the surveyors will have equipment to survey the OHWM in a safe manner.
Task 2: Wetland and Wetland Buffer Mitigation Plan
Shannon&Wilson will prepare a wetland and wetland buffer mitigation plan at one location
within the GRNRA to compensate for the Green River Pump Station project impacts.
Although the Corps and the City both require mitigation for wetland impacts,the Corps and the
City have differing approaches and specific requirements associated with wetland mitigation.
For example, the Corps prefers that projects purchase in-lieu fee credits rather than construct
project-specific mitigation, whereas the City prefers on-site mitigation and does not allow for
purchase of in-lieu fee credits. The Washington State Department of Ecology (Ecology)may
also require mitigation for project impacts. We will determine the amount of required mitigation
using ratios specified by the Kent City Code (KCC) and the Wetland Mitigation in Washington
State guidance used by the Corps and Ecology. We will coordinate with the GRNRA staff to
identify and map out potential mitigation areas. Mitigation will consist of restoring, creating,
and/or enhancing wetlands and wetland buffers.
Shannon &Wilson will conduct a site visit to observe site conditions at the proposed wetland
impact areas and the proposed mitigation site. During the site visit,we will delineate wetland
boundaries within 200 feet of the proposed mitigation area only. Wetland boundaries will be
I
21-2-61738-001-r4cmca/wp%i 21-2-6173 8-001
20
Mr. Matthew Knox SMNNON&MLSORING
City of Kent Public Works
June 11, 2014
Page 3 of 5
I
identified using methods described in the 1987 Corps of Engineers Wetlands Delineation
Manual and the 2010 Regional Supplement to the Corps of Engineers Wetland Delineation
Manual: Western Mountains, Valleys, and Coast Region. We understand that a wetland
delineation has been completed at the project site and assume that no further wetland delineation
will be needed for the proposed wetland impact areas. We will provide a brief description of the
wetland delineation methods and results within the mitigation plan report. In order to complete
the mitigation plan, we will need the City to provide us with surveyed coordinates of our wetland
boundary flags.
I
The mitigation plan will be prepared in accordance with the KCC and will include a planting
plan,performance standards,monitoring methodology, and contingency measures. We will
provide the City with a draft mitigation plan for review and develop a final mitigation plan based
on one consolidated list of comments from the City.,
A soils or hydrology evaluation is not included in this scope of services. We assume that
wetlands at the GRNRA are supported by shallow groundwater and that wetland hydrology can
be achieved by excavating to the groundwater level. We will need to amend our scope and cost
estimate if a soils or hydrologic evaluation is required.
Task 3: Biological Assessment(BA)
Shannon& Wilson will prepare a BA for the Green River Pump Station project for the City to
submit with the project's Joint Aquatic Resources Permit Application to the Corps. The BA will
evaluate potential project impacts to ESA-listed species and critical habitat and essential fish
habitat protected under the Magnuson-Stevens Fishery Conservation and Management Act.
To prepare the BA,we will review the project's design and construction methods and coordinate
with the project team to identify potential project impacts and impact minimization measures.
We will visit the site to evaluate the presence or absence of listed species and suitable habitat.
We assume that our site visit can be combined with our site visit under Task 1.
Based on our preliminary review,we assume that the Green River Pump Station project can
likely be designed to support either a"no effect"or a"may effect, not likely to adversely affect"
determination, depending on the Green River outfall design. Therefore,we assume the project
can avoid formal consultation with the Services (i.e.,the U.S. Fish and Wildlife Service and
National Oceanic and Atmospheric Administration's National Marine Fisheries Service). If it is
21-2-61738-001 21-2-61738-001
i
21
Mr. Matthew Knox SHANNON WILSON,INC.
City of Kent Public Works
June 11, 2014
Page 4 of 5
determined that the project may adversely affect ESA-listed species,we will need to amend our
scope of services and cost estimate.
We assume that the City will be able to provide information and design figures necessary for us
to adequately assess all of the project's impacts. This includes, but is not limited to, a set of
design drawings; boundaries of construction activities, including staging areas; lists of
construction equipment; descriptions of stonnwater control and treatment measures and
standards; information on temporary stormwater best management practices to be implemented
during construction; and construction timelines.
SCHEDULE AND COSTS
We are prepared to provide the services described above on a time-and-expense basis under the
enclosed Standard General Terms and Conditions. Our estimated costs for the above tasks arc as
follows (and detailed within the enclosed cost estimate):
Task 1: Ordinary High Water Mark Assistance $1,187
Task 2: Wetland and Wetland Buffer Mitigation Plan $11,924
Task 3: Biological Assessment 10,505
Total: $23,616
In the event that additional services are necessary, due to changes in your request or other
unforeseen circumstances,we will notify you immediately and obtain your authorization for the
additional services and costs.
We can begin preparing the mitigation plan and BA within two weeks of receiving notice to
proceed. The mitigation plan can be completed within one month of receiving project
description, drawings, wetland impact areas, and the survey of wetland boundary flags at the
proposed mitigation area. The BA can be completed within one month of receiving necessary
project information.
CLOSURE
Shannon&Wilson has prepared the enclosed, "Important Information About Your Wetland
Delineation/Mitigation,and/or Stream Classification Proposal,"and, "Important Information
About Your Biological Assessment(BA) and/or Biological Evaluation(BE)Proposal,"to assist
you in understanding the use and limitations of our proposals.
21-2-61738-001-U e 21-2-61738-001
zz
Mr. Matthew Knox SHANNON MILSON,VC.
City of Kent Public Works
June 11,2014
Page 5 of 5
We are pleased to have this opportunity to assist you with these project. If you have any
questions,please contact me at(206) 695-6673.
Sincerely,
SHANNON& WILSON,INC.
Becki Kniveton,P.W.S.
Senior Principal Biologist
BSK:KLW/bsk
Enc: Cost Estimate
i
Standard General Terms and Conditions, SEA-GH-2014 (1/2014)
Important Information About Your Wetland Delineation/Mitigation and/or Stream
Classification Proposal
Important Information About Your Biological Assessment(BA)and/or Biological
Evaluation(BE)Proposal
i
I
2 1-2-61 73 8-001 4 4fd..A piuko 21-2-61738-001
23
SHANNON & WILSON, INC.
COST ESTIMATE
Proposal No.: 21-2-61738-001
Project: Green River Pump Station
Client: Kent Public Works
By: BSK 6/11/2014
Rate Quantity Subtotal Subtotal
Tit�sc l-Wat�st>}t>�d�eflan�a3S�fec�ttg�ftOr�? � _ = ` --
Site Visit(Inchrding Delineation of Proposed Mitigation Area) '
ScniorPriucipalBiologist $145.00 /hr 8 hrs $1,160
Mileage 48 /mile 0 56 mile $27 $1 187 �.
asT2td } lat 'utfel4ifagitinIat —
Site Visit(Inchrding Delineation of Proposed Mitigation Area)
Senior Principal Biologist $145.00 /hr 16 hi-s $2,320
Biologist w $95.00 Orr 16 his $1,520
Mileage 96 /mile 0.56 mile $54
Mitigation Plan Report
Vice President $235.00 /hr 4 Ins $940
Senior Principal Biologist $145.00 /hr 36 Ins $5,220
Drafting $95.00 /hr 16 hrs $1,520
Clerical $90.00 Ar 2 Ins $180
Copies,Mail,Computer $85.00 /ea 2 total $170
$11 924
Vice President $235,00 Ar 4 firs $940
Senior Principal Biologist $145.00 /hr 58 firs $8,410
LDrafting $95.00 /hr 8 hrs $760
$90.00 /hr 2 hrs $180
Computer $85.00 /ea 2 total $170
Search $45.00 /search 1 search $45
$10,505
MATE $23,616 '
Note: i
PHS=Priority Habitat and Species
I
2 1-2-6 1 73 9-001-1Af-Cost.rlsx 2t-2-61738-001
24
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Consultant's Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant's
profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $2,000,000 each occurrence, $2,000,000 general
aggregate and a $1,000,000 products-completed operations
aggregate limit.
25
EXHIBIT B (Continued)
3. Professional Liability insurance shall be written with limits no less
than $2,000,000 per claim and $2,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant's
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
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27
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH
1NGTON Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: July 2, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: July 7, 2014
From: Mark Howlett, P.E., Design Engineering Manager
Through: Chad Bieren, P.E., City Engineer
Subject: South 228th & South 212th Street Grade Separations — Contract
Authorization
Item - 3
Motion: Move to recommend Council authorize the Public Works Department to
execute a contract up to a maximum of $100,000 with Foster Pepper PLLC for
conducting a preliminary local improvement district special benefit study for the
S. 228th Street and S. 212th Street Railroad Grade Separation Projects, subject to
final terms and conditions acceptable to the City Attorney and the Public Works
Director.
Summary: The City of Kent has been successful over the years in obtaining grant funding for our
grade separation projects. We have completed the S. 2281h Street BNSF grade separation and have
been assembling a funding package for the S. 2281h UP and the S. 2121h BN and UP grade separations.
During its March meeting, the Washington State Freight Mobility Strategic Investment Board (FMSIB),
requested assurances from the City that grant money will be spent in the near term or the city would
be in jeopardy of losing it. This would result in the loss of over $23 million in FMSIB and other
associated grant funds.
While Engineering staff has continued researching options for funding these grade separation
projects, we are still short of a complete funding package.
One option for raising a significant amount of local revenue is a local improvement district (LID). We
recently contracted with a real estate appraiser to conduct a preliminary evaluation of the potential
increase in value (special benefit') to properties located in the vicinity of the proposed grade
separations. The evaluation indicated that a substantial special benefit would be realized by
properties in the warehouse/industrial area, and that Council could form an LID to keep the grade
separation projects moving toward completion.
A funding package, including the formation of an LID, was presented to FMSIB at its May 30, 2014
meeting. Based on this information, the board granted us an extension until November 2014 to
provide them a guarantee that all funds are available and that the City is moving forward with
completion of these projects.
The preliminary evaluation indicates that significant LID special benefit would exist. However, a more
detailed analysis must be conducted to determine the actual amount of LID special benefit associated
with each of the properties within the LID boundary.
Budget Impact: The Public Works Department has several positions that are in the process of being
filled. These positions were vacated through departures and retirements in 2013. We propose using
the savings from these budgeted positions, from the first six months of 2014 to move this project
forward.
2s
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29
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: July 1, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: July 7, 2014
From: Michael Mactutis, P.E., Environmental Engineering Manager
Through: Chad Bieren, P.E., City Engineer
Subject: Information Only/Water Resource Inventory Area (WRIA) 9
Draft Interlocal Agreement (ILA)
Item - 4
Motion:
Information Only/No Motion Required
Summary:
In 2006, the City of Kent executed an ILA with King County, the City of Tacoma, and
the other cities located within the Green/Duwamish and Puget Sound Nearshore
watershed to implement the 2005 WRIA 9 Salmon Habitat Plan.
The current agreement will expire at the end of 2015. WRIA 9 staff has provided a
draft ILA for review by local agencies and requested comments and questions by
Friday, July 18, 2014. Comments and questions will be discussed at the August 14
WRIA 9 Watershed Ecosystem Forum meeting.
Attached is the draft ILA with proposed changes.
Public Works staff will consolidate comments from City Councilmembers and forward
them to WRIA 9 staff for inclusion in the discussion.
Budget Impact:
None
30
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31
DRAFT �lanaraement Committee WRIA 9 ILA, 04-23-14
INTERLOCAL AGREEMENT
For the Green River, Duwamish River, and Central Puget Sound Watersheds
within the geographic planning area of Water Resource Inventory Area 9 (which
includes portions of Water Resource Inventory Areas 8, 10, and 15)
PREAMBLE
THIS AGREEMENT ("Agreement') is entered into pursuant to Chapter 39.34 RCW by
and among the eligible county and city governments signing this Agreement that are located in
King County or Pierce County, lying wholly or partially within or having a major interest in the
Green River, Duwamish River, and Central Puget Sound Watersheds and within the planning and
management area of Watershed Resource Inventory Area 9 ,which includes portions of WRIA 8,
10, and 15, ("WRIA 9") all political subdivisions of the State of Washington ( individually, for those
signing this agreement, "Party", and collectively"Parties"),
WHEREAS, the planning and management area of WRIA 9 includes all of the area
recognized by the State of Washington as WRIA 9 and portions of WRIA 8, 10, and 15,
WHEREAS, the Parties share interests in and responsibility for addressing long-term
watershed planning and conservation of the aquatic ecosystems and floodplains of the Green
River, Duwamish River, and Central Puget Sound Watersheds and wish to collectively provide for
planning, funding and implementation of various activities and projects therein, and
WHEREAS, the Parties have participated in an Interlocal Agreement for the years 2001-
2005 to develop "Making Our Watershed Fit for a King" ("2005 Salmon Habitat Plan"),
contributed to the federally-a rnn oved Puget Sound Salmon Recovery Plan, and desire to continue
providing efficient participation in the implementation of such plans, and
WHEREAS, the Pa ties took formal action in 2005 and 2006 to ratify the 2005 Salmon
Habitat Plan. and
WHEREAS, the Pa ties have pa ticipated in an extension of the 2001-2005 Interlocal
Agreement and an Interlocal Agreement for the years 2007-2015 to implement the 2005 Salmon
Habitat Plan; and
WHEREAS, the Parties have demonstrated in the 2005 Salmon Habitat Plan that
watershed ecosystem services are worth billions of dollars of value to local people in terms of
stormwater management, pollution treatment, recreational value, and other expensive and difficult
to replace services, and
WHEREAS, the Parties seek information on watershed conditions and salmon
conservation and recovery needs to inform local decision-making bodies regarding actions in
response to listings under the Endangered Species Act ("ESA'); and
WHEREAS, the Parties have prioritized and contributed resources and funds for
implementing projects and programs to protect and restore habitat, and
WHEREAS, the Parties wish to monitor and evaluate implementation of the 2005
Salmon Habitat Plan through adaptive management, and
DRAFT WRIA 9 New ILA 208P16-20 25 (WRIA 9 Mana ement Committee review 4-23-14
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DRAFT Management Committee WRIA 9 ILA, 04-23-14
WHEREAS, the Parties wish to continue to use adaptive management for identifying,
coordinating and implementing basin plans and water quality, flood hazard reduction, water
quantity, and habitat projects in the watersheds, and
WHEREAS, the Parties have a strong interest in participating on the Puget Sound
Salmon Recovery Council because of the contributions of the Green River, Duwamish River, and
Central Puget Sound Watersheds to the overall health of Puget Sound, and
WHEREAS,the Parties have a strong interest in participating on the� €€ tty Acv seFy
Fraup-Washington Salmon Coalition and other groups associated with the Salmon Recovery
Funding Board to collectively seek funding to implement the 2005 Salmon Habitat Plan, and
WHEREAS, the Parties have a strong interest in part+eipa#Rg--to implement en-the Puget
Sound Partnership Action Agenda ka to restore the Puget Sound to
health and sustain that health by 2020, and
WHEREAS the Pa ties have a strong interest in pa ticipating on the Puget Sound
Salmon Recovery Council and other entities associated with Puget Sound salmon recovery and
Puget Sound �euth Se a G wtFIthe
curd Bart to collectively seek fundin tq_o mplement the 2005 Salmon Habitat
Plan; and
WHEREAS, the Pa ties have a strong interest to maximize achievement of multiple
benefits by integrating salmon recovery planning and actions with floodplain management,
agriculture, forestland, and water supply and quality; and
WHEREAS, the Parties recognize that identification of watershed issues, and
implementation of salmon conservation and recovery actions may be carried out more efficiently if
done cooperatively than if carried out separately and independently, and
WHEREAS, individual Parties are taking separate and independent actions to improve
the health of the Green River, Duwamish River, and the Central Puget Sound Watersheds and
the overall health of Puget Sound,
NOW, THEREFORE, the Parties hereto do mutually covenant and agree as follows:
MUTUAL CONVENANTS AND AGREEMENTS
1. DEFINITIONS. For purposes of this Agreement, the following terms shall have the meaning
provided for below:
1.1 ELIGIBLE COUNTY AND CITY GOVERNMENTS: The local governments eligible for
participation in this Agreement as parties are King County, and the Cities of Algona,
Auburn, Black Diamond, Burien, Covington, Des Moines, Enumclaw, Federal Way, Kent,
Maple Valley, Normandy Park, Renton, SeaTac, Seattle, Tacoma, Tukwila, and any
newly incorporated city that lies fully or partially within the boundaries of WRIA 9.
1.2 WRIA 9 GOVERNING BOARD The Parties to the WRIA 9
Interiocaf A regiment ILA Parties
corn rp ise the Governinq Eoard responsible for implementing
DRAFT WRIA 9 New ILA 208P16-2025 (WRIA 9 Mana ement Committee review 4-23-14
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33
DRAFT �lana0ement Committee WRIA 9ILA, 04-23-14
this Agreement. The WRIA 9 rum-ILA Parties each I +s
designate4 representatives _-have-a thG4z-e�
of reerae to_represent the ILA Parties on the Gove inet
Board.
1.3 WRIA 9-STSE WATERSHED ECOSYSTEM FORUM: The WRIA 9
Watershedc vstem Forum referred to herein is the
cooperative body comprised of the members of the Gove ina Board of
t#e and a balance of stakeholder representatives and any other persons who are
deemed by the Parties to this Agreement to be appropriate members for the
implementation of the 2005 Salmon Habitat Plan.
1.4 GREEN/DUWAMISH AND CENTRAL PUGET SOUND WATERSHED WATER
RESOURCE INVENTORY AREA 9 SALMON HABITAT PLAN: The 2005
Green/Duwamish and Central Puget Sound Watershed Water Resource Inventory
Area 9 Salmon Habitat Plan_ is the plan developed by the
WRIA 9 Watershedcosystern Forum ®and ratified by all of the
parties to an interlocal agreement for its development. The 2005 Salmon Habitat Plan
recommends actions that should be taken ffe 20R t#reu to protect
and restore salmon habitat, using an ecosystem approach, in the Green/Duwamish and
Central Puget Sound Watersheds. The+s-2005 Salmon Habitat Plan may be amended
from time to time according to the procedure in Section 6 herein and approved
amendments shall be considered integral parts of the 2005 Salmon Habitat Plan.
Efforts under the 2005 Salmon Habitat Plan are intended to complement habitat
improvements in other parts of Puget Sound and hatchery and harvest actions to recover
Puget Sound Chinook salmon steelhead, and bull trout. and when implemented achieve
multi lep eCOSystem benefits. The 2005 Salmon Habitat Plan constitutes a chapter of the
Puget Sound Salmon Recovery Plan.
1.5 MANAGEMENT COMMITTEE: Management Committee as referred to herein consists
of seven (7) elected officials or their designees. The seven elected officials of the
Management Committee are chosen by the Gove ine� hoard comprised of
eoresentatives of the ILA Partie , according to the voting
procedures in Section 5 herein, charged with certain oversight and administrative duties
on the WRIA 9ILA Parties' behalf.
1.6 SERVICE PROVIDER: Service Provider, as used herein, means that agency,
government, consultant, or other entity which supplies staffing or other resources to and
for the WRIA 9ILA Parties Fu€ , in exchange for payment. The Service
Provider may be a Party to this Agreement.
1.7 FISCAL AGENT: The Fiscal Agent refers to that agency or government who performs
all accounting services for the WRIA 9 Fu ILA Parties
DRAFT WRIA 9 New ILA 208P16-2025 (WRIA 9 Mana ement Committee review 4-23-14
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DRAFT Management Committee WRIR1 9 ILA, 04-23-14
as it may require, in accordance with the requirements of Chapter 39.34
RCW.
1.8 STAKEHOLDERS: Stakeholders refers to those public and private entities within WRIA
9 who reflect the diverse interests integral to implementing the 2005 Salmon Habitat
Plan, which may include but is not limited to environmental and business interests.
2. PURPOSES.The purposes of this Agreement include the following:
2.1 To provide a mechanism to protect and restore the ecological health of the
Green/Duwamish Rivers and Central Puget Sound Watersheds.
2.2 To provide a mechanism, through an annually agreed upon work plan, for implementing
and coordinating local efforts to address issues with watershed-wide or basin
implications, including but not limited to flood hazard reduction, floodplain management
surface and groundwater quality, water quantity, and habitat.
dL } To provide information that ILA Parties should use to inform land use lap nning.
regulations. environmental programs education and enforcement of applicable codes.
i! %ITo provide a mechanism and governance and funding structures for jointly implementing
the 2005 Salmon Habitat Plan.
4! ......To develop and take actions on key issues during the implementation of the 2005
Salmon Habitat Plan.
z! ' ......To provide a mechanism for cooperative review and implementation of recommended
policies and regulations needed for response to listings under the Endangered Species
Act.
To provide a venue for the ongoing participation of citizens and other stakeholders in
salmon recovery and other watershed efforts and to ensure continued public outreach
efforts to educate and garner support for current and future watershed and Endangered
Species Act listed species response efforts by local governments and in accordance with
the 2005 Salmon Habitat Plan.
0 8�......To provide a mechanism for securing technical assistance and any available funding from
federal, state, and other sources to implement the 2005 Salmon Habitat Plan.
To provide a mechanism for implementing other habitat, surface and groundwater quality,
water quantity. floodplain mana eg ment and flood hazard reduction projects with other
local, regional, tribal, state, federal and non-profit funds as may be contributed to or
secured by the WRIA 9ILA Parties .
'07 I„!;; To annually recommend administrative support programs and projects for grant-funding
by the King �QGRse-watiar County Flood Control District through the an_
District's€e um Cooperative Watershed Management grant program-d+44bt .
17.:1 1 To annually recommend projects for implementation of planning, engineering,
permitting and construction tasks for the Green/Duwamish Ecosystem Restoration
Projects_ in partnership with the U.S. Army Corps of Engineers.
DRAFT WRIA 9 New ILA 208P16-20 25 (WRIA 9 Mana ement Committee review 4-23-14
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DRAFT �lanaraement Committee WRIA 9 ILA, 04-23-14
I I To provide a framework for cooperating and coordinating among the Parties on
issues relating to WRIA 9 to meet the requirement of a commitment by any Party to
participate in WRIA 9 planning and implementation, to prepare or implement a basin plan,
or to respond to any state or federal law which may require these actions as a condition
of any funding, permitting or other program of state or federal agencies. Participation is
at the discretion of such Party to this Agreement.
I i To provide a mechanism to approve and support, through resources, funding
from grant sources or other means, implementation of restoration and protection projects
and programs.
2.14 To provide a mechanism for on-going monitoring and #GR-adaptive management of
the 2005 Salmon Habitat Plan s
defined in the Pla tershed
fmxatem Fonrm.
It is not the purpose or intent of this Agreement to create, supplant, preempt or supersede the
authority or role of any jurisdiction, governmental entity or water quality policy bodies including
the Regional Water Quality Committee.
3. EFFECTIVE DATE AND TERM. This Agreement shall become effective upon its execution by at
least five (5) of the eligible local governments within WRIA 9 representing at least seventy
percent (70%) of the affected population within the geographic area of WRIA 9, as authorized by
the legislative body of each local government, and further provided that after such signatures this
Agreement has been filed by King County in accordance with the terms of RCW 39.34.040 and
.200. Once effective, this Agreement shall remain in effect for an initial term of ten (910)
years, provided, however, that this Agreement may be extended for such additional terms as the
Parties may agree to in writing with such extension being effective upon its execution by at least
five (5) of the eligible local governments within WRIA 9 representing at least seventy percent
(70%) of the affected population within the geographic area of WRIA 9, as authorized by the
legislative body of each local government, and further provided that after such signatures this
Agreement has been filed by King County in accordance with the terms of RCW 39.34.040 and
.200. Such extension shall bind only those Parties executing the extension.
4. ORGANIZATION AND MEMBERSHIP OF THE WRIA 9 GOVERNANCE STRUCTURE
The Parties to this Agreement hereby establish a WRIA 9 Vlatemhed
_ _ n ` formal governance structure for carrying out the purposes of this
Agreement. The WRIA 9 e is a voluntary association of the
county and city governments located wholly or partially within the management area of or having
a major interest in WRIA 9 who choose to be Parties to this Agreement.
4.1 Each Party to this Agreement shall appoint one (1) elected official to serve as its primary
representative, and one (1) alternate representative to serve on the WRIA 9 Gove ineg
Boar The alternate representative may be a different elected
official or senior staff person.
DRAFT WRIA 9 New ILA 208P16-20 25 (WRIA 9 Mana ement Committee review 4-23-14
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DRAFT NlanaOement Committee WRIR1 9 ILA, 04-23-14
4.2 Upon the effective execution of this Agreement and the appointment of representatives to
the WRIA 9 Funa22vern6n2 hoard, the WRIA 9 rune
Governfnet foard=shall meet and choose from among its members, according to the
provisions of Section 5 herein, seven (7) officials or their designees, to serve as a
Management Committee to oversee and direct the scope of work, funds, and personnel
agreed to and contributed under this Agreement, in accordance with the adopted annual
budget and work program and such other directions as may be provided by the WRIA 9
FumGove ing Board. Representatives of the Fiscal Agent and Service
Provider may serve as non-voting ex off icio members of the Management Committee.
The Management Committee shall act as the executive subcommittee of the WRIA 9
Gove inet foard, responsible for oversight and evaluation of any
Service Providers or consultants, administration of the budget and work plan, and for
providing recommendations on administrative matters to the WRIA 9 Fri
Govern6g,g hoard for action, consistent with other subsections of this section. The
WRIA 9 C=overninet hoard shall consider new appointments or
reappointments to the Management Committee every two years following its initial
appointments.
4.3 The services cost-shared under this agreement shall be provided to the WRIA 9
rum C=overniraq hoard by the Service Provider, which shall be King
County Department of Natural Resources and Parks, unless selected otherwise by the
WRIA 9 Fri t3over1kg Board. The Management Committee shall
prepare a Memorandum of Understanding to be signed by a representative of the
Service Provider, and a representative of the WRIA 9 e t3ove inq
Board, which shall set out the expectations for services so provided. Services should
include, without limitation, identification of and job descriptions for dedicated staff-+la
ne F vaent, description of any supervisory role
retained by the Service Provider over any staff performing services under this
Agreement, and a method of regular consultation between the Service Provider and the
Management Committee concerning the performance of services hereunder.
4.3.1 A subset of the Parties to this Agreement may purchase and cost share services
from the Service Provider in addition to the annual cost-shared services agreed
to by all Parties pursuant to Section 4.3 herein.
4.3.2 The Management Committee shall prepare a Memorandum of Understanding to
be signed by a representative of the Service Provider, and a representative of
the WRIA 9 FumGovernfng hoard, which shall set out the
expectations for the additional services so provided to the subset of Parties to
this Agreement.
4.4 The WRIA 9 Fri t3overninet foard, by September 1 of each year, shall
establish and approve an annual budget that provides for the level of funding and total
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resource obligations of the Parties for the following calendar year. Such obligations are
to be allocated on a proportional basis based on the average of the population, assessed
valuation and area attributable to each Party to this Agreement, in accordance with the
formula set forth in Exhibit A, which formula and accompanying data shall be updated by
the WRIA 9 C=overninet hoard when more current data become
available. Tacoma's cost share will be determined on an annual basis by the Parties and
will be included in the annual updates to Exhibit A. The weight accorded Tacoma's vote
for weighted voting pursuant to Section 5 herein shall correspond to Tacoma's cost share
for each year relative to the cost shares contributed by the other Parties.
4.4.1 The level of funding, total resource obligations, and allocation of obligations for
those members of the Parties that agree to cost share additional services
pursuant to Subsection 4.3.1 herein shall be negotiated and determined by those
Parties purchasing the additional services.
4.4.2 The WRIA 9 C=overninet hoard shall incorporate the
negotiated additional cost share and incorporate the services in its annual budget
and work plan.
4.5 The WRIA 9 rum- C=overninq hoard shall oversee and administer the
expenditure of budgeted funds and shall allocate the utilization of resources contributed
by each Party or obtained from other sources in accordance with the approved annual
work program.
4.6 The WRIA 9 r C=overninet hoard shall review and evaluate the duties
to be assigned to the Management Committee hereunder and the performance of the
Fiscal Agent and Service Provider to this Agreement, and shall provide for whatever
actions are necessary to ensure that quality services are efficiently, effectively and
responsibly delivered in the performance of the purposes of this Agreement. The
performance of the Service Provider shall be assessed every three-years.
4.7 The WRIA 9 rune-C=overniraeg hoard may contract with similar watershed
forum governing bodies such as the �a a dktegyd Puget
Sound Partnership or any other entities for any lawful purpose related to the purposes
provided for in this agreement. The Parties may choose to create a separate legal or
administrative entity under applicable state law, including without limitation a nonprofit
corporation or general partnership, to accept private gifts, grants or financial
contributions, or for any other lawful purpose consistent with the purposes provided for
herein.
4.8 The WRIA 9 hall adopt other rules and
procedures that are consistent with its purposes as stated herein and are necessary for
its operation.
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5. VOTING. The WRIA 9 Governinet goaret shall make decisions, approve
scopes of work, budgets, priorities, and any other actions necessary to carry out the purposes of
this Agreement as follows:
5.1 Decisions shall be made using a consensus model as much as possible. Each Party
agrees to use its best efforts and exercise good faith in consensus decision-making.
Consensus may be reached by unanimous agreement of the Parties. If unanimous
agreement of members cannot be reached then the Parties to this agreement may reach
consensus by a majority recommendation with a minority report. Any Party who does not
accept a majority decision may request weighted voting as set forth below.
5.2 In the event consensus cannot be achieved, as determined by rules and procedures
adopted by the WRIA 9 Gone inet Board,, the WRIA 9
rum_-Governira�shall take action on a dual-majority basis, as follows:
5.2.1 Each Party, through its appointed representative, may cast its weighted vote in
connection with a proposed WRIA 9 Governinet �oaret
action.
5.2.2 The weighted vote of each Party in relation to the weighted votes of each of the
other Parties shall be determined by the percentage of the annual contribution
made by each Party as set in accordance with Section 4.4 herein in the year in
which the vote is taken.
5.2.3 For any action subject to weighted voting to be deemed approved, valid and
binding, an affirmative vote must be cast by both a majority of the Parties to this
Agreement and by a majority of the weighted votes of the Parties to this
Agreement. A vote of abstention shall be recorded as a "no" vote.
6. IMPLEMENTATION and ADAPTIVE MANAGEMENT OF THE 2005 SALMON HABITAT PLAN.
The 2005 Salmon Habitat Plan shall be implemented consistent with the following:
6.1 The WRIA 9— hich shall be
appointed by the WRIA 9 Fum Gov�aret, shall be an advisory
body responsible for making recommendations for implementing the 2005 Salmon
Habitat Plan to the WRIA 9 Fu€ ILA Parties including substantive plan
amendments recommended as a result of adaptive management. The WRIA 9
Watershed Eoo—tam Forum shall provide information to the WRIA 9
regarding progress in achieving the goals and
objectives of the 2005 Salmon Habitat Plan. Recommendations of the WRIA 9
Watersheetoosgtstem Forum are to be consistent with the
purposes of this Agreement. The WRIA 9 Fum-Governfn�may
authorize additional advisory bodies to the WRIA Watershed 7
fE22KRtem Forum such as are technical committee and adaptive management work
group.
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6.2 The WRIA 9 Fum-Governin�shall act to approve or remand any
substantive changes to the 2005 Salmon Habitat Plan based upon recommendations by
the WRIA 9 tem Forum within ninety (90) days
of receipt of the proposed changes, according to the voting procedures of Section 5
herein. In the event that the 2005 Salmon Habitat Plan changes are not so approved,
the recommended changes shall be returned to the WRIA 9
Watersheet �m Forum for further consideration and amendment and thereafter
returned to the WRIA 9 ru" -Governing foaret-for decision.
6.3 The WRIA 9 rum-Governi shall determine when ratification is
needed of substantive changes to the 2005 Salmon Habitat Plan by the Parties. The
changes shall be referred to the Parties for ratification prior to the submission to any
regional, state, or federal agency for further action. Ratification means an affirmative
action, evidenced by a resolution, motion, or ordinance of the local government's
legislative body, by at least five Parties representing at least seventy percent (70%) of the
total population within the geographic planning and management area of WRIA 9.
6.4 Upon remand for consideration of any portion or all of the chan Salmon
Habitat Plan by any regional, state or federal agency -the WRIA 9 rurn
Governing hoard-shall undertake a review for consideration of the remanded changes
to the plan. The WRIA 9 rum-Governin�may include
further referral to the WRIA 9 g Watershed Eoosystenr Forum for
recommendation or amendments thereto.
6.5 The Parties agree that any changes to the 2005 Salmon Habitat Plan shall not be
forwarded separately by any Party to any regional, state or federal agency unless the
changes have been approved and ratified as provided herein.
7. OBLIGATIONS OF PARTIES; BUDGET; FISCAL AGENT; RULES.
7.1 Each Party shall be responsible for meeting only its individual obligations hereunder
as established in the annual budget adopted by the WRIA 9 rum
Governing foaret under this Agreement, including all such obligations related to
the WRIA 9 Fum- and WRIA 9 Steefing
CGnvnWee—Watershed Eoo—Tam Forum funding, technical support and
participation in related planning and implementation of projects, and activities as set
forth herein. It is anticipated that separate actions by the legislative bodies of the
Parties will be necessary from time to time in order to carry out these obligations.
7.2 The maximum funding responsibilities imposed upon the parties during each year of
this Agreement shall not exceed the amounts that are established annually pursuant
to Section 4.4 herein.
7.3 No later than September 1 of each year of this Agreement, the WRIA 9
shall adopt a budget, including its overhead and
administrative costs, for the following calendar year. The budget shall propose the
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level of funding and other (e.g., staffing) responsibilities of the individual parties for
the following calendar year and shall propose the levels of funding and resources to
be allocated to specific prioritized planning and implementation activities within
WRIA 9. The Parties shall thereafter take whatever separate legislative or other
actions as may be necessary to address such individual responsibilities under the
proposed budget, and shall have done so no later than December 1 of each year.
Parties may elect to secure grant funding to meet their individual obligations.
7.4 Funds collected from the Parties or other sources on behalf of the WRIA 9
Fuin-Going nfnq 1,®aret shall be maintained in a special fund by King
County as Fiscal Agent and as ex officio treasurer on behalf of the WRIA 9
C=®verninet g®ardl pursuant to rules and procedures established
and agreed to by the WRIA 9 Funs C=®ve in� Such rules
and procedures shall set out billing practices and collection procedures and any
other procedures as may be necessary to provide for its efficient administration and
operation.
7.5 Any Party to this Agreement may inspect and review all records maintained in
connection with such fund at any reasonable time.
8. LATECOMERS. A county or city government in King County lying wholly or partially within the
management area of or with a major interest in WRIA 9 which has not become a Party to this
Agreement within twelve (12) months of the effective date of this Agreement may become a Party
by obtaining written consent of all the Parties to the Agreement. The provisions of Section 5
herein otherwise governing decisions of the WRIA 9 Come ninet g®ardl shall
not apply to this section. The Parties of the Agreement and any governments seeking to become
a Party shall jointly determine the terms and conditions under which a government may become a
new Party. The terms and conditions shall include payment of an amount by the new Party to the
WRIA 9 FumGovernEg E®ard. The amount of payment is determined jointly by
the existing Parties of the WRIA 9 Funs-Come nfnq g22Ld and the new Party. The
payment of the new Party is to be a fair and proportionate share of all costs associated with
activities undertaken by the WRIA 9 Fu"€ -C=®vernira�as of the date the
government becomes a new Party. Any government that becomes a Party pursuant to this
section shall thereby assume the general rights and responsibilities of all other Parties.
9. TERMINATION.
9.1 The obligations of any Party under this Agreement may be terminated by the Party,
through action of its governing body, only upon sixty (60) days' written notice to the other
Parties by not later than November 1 for termination effective January 1 of the following
year. The terminating Party shall remain fully responsible for meeting all of its funding
and other obligations through the end of the calendar year in which such notice is given,
together with any other costs that may have been incurred on behalf of such terminating
Party up to the effective date of such termination. It is expected that the makeup of the
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Parties to this Agreement may change from time to time. Regardless of any such
changes, the Parties choosing not to exercise the right of termination shall each remain
obligated to only meet their respective share of the obligations of the WRIA 9
Governin�as reflected in the annual budget. The shares of any
terminating Party shall not be the obligation of any of the Parties not choosing to exercise
the right of termination.
9.2 This Agreement may be terminated in its entirety at any time by the written agreement of
all of the Parties.
10. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by state law as to city
and county governments, and federal law as governing to tribes, and for the limited purposes set
forth in this Agreement, each Party shall protect, defend, hold harmless and indemnify the other
Parties, their officers, elected officials, agents and employees, while acting within the scope of
their employment as such, from and against any and all claims (including demands, suits,
penalties, liabilities, damages, costs, expenses, or losses of any kind or nature whatsoever)
arising out of or in any way resulting from such Party's own negligent acts or omissions related to
such Party's participation and obligations under this Agreement. Each Party to this Agreement
agrees that its obligations under this subsection extend to any claim, demand and/or cause of
action brought by or on behalf of any of its employees or agents. For this purpose, each Party, by
mutual negotiation, hereby waives, with respect to the other Parties only, any immunity that would
otherwise be available against such claims under the industrial insurance act provisions of Title
51 RCW. In the event that either Party incurs any judgment, award, and/or cost arising
therefrom, including attorneys' fees, to enforce the provisions of this Section, all such fees,
expenses, and costs shall be recoverable from the responsible Party to the extent of that Party's
culpability. The provisions of this Section shall survive and continue to be applicable to Parties
exercising the right of termination pursuant to Section 9 herein.
11. NO ASSUMPTION OF LIABILITY. In no event do the Parties to this Agreement intend to assume
any responsibility, risk or liability of any other Party to this Agreement or otherwise with regard to
any Party's duties, responsibilities or liabilities under the Endangered Species Act, or any other
act, statute, regulation or ordinance of any local municipality or government, the State of
Washington, or the United States.
12. VOLUNTARY AGREEMENT. This Agreement is voluntary and is acknowledged and agreed that
no Party is committing to adopt or implement any actions or recommendations that may be
contained in the 2005 Salmon Habitat Plan.
13. NO PRECLUSION OF ACTIVITIES OR PROJECTS. Nothing herein shall preclude any one or
more of the Parties from choosing or agreeing to fund or implement any work, activities or
projects associated with any of the purposes hereunder by separate agreement or action,
provided that any such decision or agreement shall not impose any funding, participation or other
obligation of any kind on any Party which is not a party to such decision or agreement.
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14. NO THIRD PARTY RIGHTS. Nothing contained in this Agreement is intended to, nor shall it be
construed to, create any rights in any third party, including without limitation the National Oceanic
and Atmospheric Administration - Fisheries, United States Fish and Wildlife Service, any agency
or department of the United States, or the State of Washington, or to form the basis for any
liability on the part of the WRIA 9 Gol2EZItEla a®gLc or any of the Parties, or
their officers, elected officials, agents and employees, to any third party.
15. AMENDMENTS. This Agreement may be amended, altered or clarified only by the unanimous
consent of the Parties to this Agreement, and requires authorization and approval by each Party's
governing body.
16. COUNTERPARTS. This Agreement may be executed in counterparts.
17. APPROVAL BY PARTIES' GOVERNING BODIES. The governing body of each Party must
approve this Agreement before any representative of such Party may sign this Agreement.
18. FILING OF AGREEMENT. This Agreement shall be filed by King County in accordance with the
provisions of RCW 39.34.040 and .200 and with the terms of Section 3 herein.
19. ENTIRE AGREEMENT. This Agreement contains the entire Agreement among the Parties, and
supersedes all prior negotiations, representations, and agreements, oral or otherwise, regarding
the specific terms of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates indicated below:
Approved as to form: CITY OF ALGONA:
By: By:
Title: Title:
Date: Date:
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43
PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: June 25, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: July 7, 2014
From: Monica Whitman, Senior Transportation Planner
Through: Chad Bieren, P.E., City Engineer
Subject: Information Only/Proposed Transportation Benefit District
Item - 5
Motion:
Information Only/No Motion Required
Summary:
The Washington State legislature permits local governments to establish a
Transportation Benefit District (TBD) and accompanying funding sources to provide
for the preservation, maintenance, and construction of local public ways.
A Transportation Benefit District is a quasi-municipal corporation and independent
taxing district created for the sole purpose of acquiring, constructing, improving,
providing, and funding transportation improvements within the district. The
boundaries of the TBD are identical to the City limits.
With the establishment of a TBD Vehicle License Fee, the City would have the ability
to replace a portion of the transportation funding that has been lost over the years
and be better able to preserve, maintain or expand the City's transportation
infrastructure into the future.
There is no action being requested at this time. The purpose of this briefing is to
provide the committee general information pertaining to the function and formation
of a TBD and to determine if there is interest in having staff develop an action item
for consideration, recommending that the Council set a date for a Public Hearing on
a draft ordinance establishing a TBD.
Budget Impact:
For discussion purposes, the average count of vehicles in Kent subject to a TBD
vehicle license fee is approximately 83,000 vehicles (reported by the Washington
State Department of Licensing - June 2014). The DOL is allowed to retain 1% to
administer and collect the TBD vehicle fee. A $20 Vehicle License Fee would raise
an estimated $1.6 million/year.
44
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45
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: July 3, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: July 7, 2014
From: Sean Bauer, Water Superintendent
Through: Dave Brock, P.E., Utilities Engineer
Subject: Information Only/Howard Hanson Dam Fish Passage
Item - 6
Motion:
Information Only/No Motion Required
Summary:
The Mayor of Tacoma and the Tacoma Water Superintendent will be in Washington,
DC from July 21-23, 2014 to meet with officials from the US Army Corps of
Engineers (USACE) and members of Washington State's congressional delegation.
The impetus for the meetings is to discuss the USACE's commitment to constructing
the Downstream Fish Passage Facility (FCP) at Howard Hansen Dam (HHD), a
component of the Additional Water Storage Project (AWSP).
In advance of this trip, the attached letter, signed by benefactors of the AWSP, has
been sent to members of the Congressional delegation.
Budget Impact:
None
46
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z, Co, 47
��� Oy , f M C,) �(1r2 V iini .o np6
FedeYa�W8 KENT ma )�4
as �C'Pnco �� k m,�
� ra City c. . . � o . dr .,.. �ruuti oisrW� ,...WATER
June 16, 2014
The Honorable Patty Murray
United States Senate
154 Russell Senate Office Building
Washington, DC 20510
Dear Senator Murray,
On behalf of the approximately one million residents living in Pierce County, Tacoma, Covington, Kent,
Federal Way, Maple Valley and surrounding communities who are served by the Green River water supply, we
write to express our concerns with the current status of the Howard Hanson Dam—Additional Water Storage
Project(HHD-AWSP). This project is vital to ensuring reliable supplies of clean drinking water throughout the
South Puget Sound, as well as for benefitting Endangered Species Act(ESA)-listed fish populations in the
Green/Duwamish River basin(s). Ongoing reviews of the project have delayed its completion by more than a
decade and could lead to substantial additional costs to customers who have responsibly met their financial
commitments to date.
The HHD-AW SP was authorized by Congress and signed into law by President Clinton as part of the
Water Resources Development Act in 1999. The project consists of two phases. Phase I creates 20,000 acre feet
of Municipal and Industrial (M&I)water storage. Phase II will provide an additional 12,000 acre feet of storage
-- 2,400 acre feet are for M&I use and 9,600 acre feet for low-flow augmentation for fisheries and other in-
stream resources. All elements of Phase I have been implemented except for the construction of the downstream
Fish Passage Facility(FPF). The FPF will help ESA-listed juvenile salmon safely pass the Howard Hanson
Dam. Phase II is dependent on the completion of Phase I.
For years, several area utilities and their customers have sponsored the implementation of the HHD-
AW SP, collaborating with federal agencies including the U.S. Army Corps of Engineers (USACE), National
Oceanic and Atmospheric Administration-Fisheries (NOAA), and the U.S. Fish and Wildlife Service (USFWS).
A Project Cooperation Agreement(PCA)was signed with USACE in 2003 that outlines our commitments for
the project. We have also worked closely with other vital stakeholders, including the Muckleshoot Indian Tribe,
the Washington Departments of Ecology and Fish and Wildlife, and others to complete a Habitat Conservation
Plan (HCP)to benefit listed and sensitive species.
The HCP and PCA require a series of ratepayer-funded capital projects that must be completed to access
additional water storage behind Howard Hanson Dam. Utility ratepayers have committed to invest more than
$400 million on capital projects to implement these agreements and develop the infrastructure needed to
provide reliable service of clean drinking water to regional customers and improve habitat for fisheries
resources. Many of these projects have been constructed or are nearing completion. Projects completed to date
include new treatment facilities, environmental restoration, a 36-mile pipeline to deliver Green River water to
Pierce County and South King County, improvement to the USACE's Howard Hanson Dam facilities, and an
adult salmon trap and haul facility at the Tacoma Headworks diversion dam that was constructed to restore
access to ESA-listed salmon and steelhead above the Headworks and Howard Hanson Dams. Additionally, a
new filtration plant is currently under construction and will be completed within 10 months. Along with
substantial capital investments, local drinking water customers are financially committed to make multi-million
dollar operation and maintenance investments in the HHD-AW SP on an ongoing basis.
Letter to Western Washington Congressional Delegation 48
June 13, 2014
Page 2
Due to the delays and major cost overruns the FPF project has suffered, we fear that the federal
government may ask utility customers to pay beyond the substantial financial commitments already made and
required in future years. When utilities signed the PCA in 2003, completion of the project was scheduled for
2006. The last major capital project, a downstream fish passage facility,to get juvenile salmon safely through
Howard Hanson Dam, was considered to be at the 95 percent design level in 2009 when the USACE projected
that project costs would exceed the authorized limit. The 95 percent design pushed the cost of the HHD-AWSP
to $349 million, which far exceeds the $130 million maximum cost limit.
In 2011, the USACE indicated the FPF, as designed at 95 percent, would no longer be considered viable.
The USACE-Seattle District does not believe the current Biological Opinions (BiOps) clearly require
downstream fish passage under the Endangered Species Act. The USACE believes without this clarity they do
not have the justification to seek the additional federal funding necessary to complete Phase 1 of the AWSP.
USACE has reformulated the project, submitted a draft Biological Assessment(BA) on February 14, 2014, and
entered into formal consultation with the NOAA and USFW S for new BiOps. While the BA does NOT
recommend moving ahead with downstream fish passage, it sets the stage for regional water customers to pay a
higher share of costs than was agreed to in the legally binding 2003 PCA.
We are now in a critical stage for drinking water customers in Pierce County, Tacoma, Federal Way,
Covington, Kent, Maple Valley and surrounding areas. We expect that NOAA and USFWS will be issuing new
BiOps in the coming weeks. We fear that this product could force regional water customers to lose access to
reliable drinking water and/or take on substantial additional costs beyond the more than $400 million committed
to date. This "shifting of the goalposts" on non-federal partners jeopardizes multi-million dollar infrastructure
investments financed by regional water customers and could chill future partnerships between federal and local
units of government.
We greatly appreciate the assistance that you and your respective staffs have provided to date. We
respectfully request your continuing assistance in four ways:
• Ensure that this vital drinking water project moves forward while protecting regional customers and the
substantial investments being made for ESA-listed species dependent on the Green River Watershed.
• Convey to relevant federal agencies your opposition of any attempt to use this process to shift costs on
to regional drinking water customers beyond what is contained in standing legal agreements.
• Request regular updates and briefings by federal agencies on this critical project meant to provide
reliable drinking water supplies to approximately one million Washington residents in an
environmentally responsible way.
• Ask for the agencies commitment to include non-federal sponsors in the preparation of the BiOps so that
additional commitments can be collaboratively developed among all funding principals and to allow for
a collaborative process to ensure the intertwined commitments along the Green River are ultimately
supported by science.
Pat McCarthy Marilyn Strickland
Pierce County Executive Mayor of Tacoma
49
Letter to Western Washington Congressional Delegation
June 13, 2014
Page 3
c:_-;
Suzette Cooke Jim Ferrell
Mayor of Kent Mayor of Federal Way
Bill Allison Margaret Harto
Mayor of Maple Valley Mayor of Covington
Linda McCrea Tim LaPorte
Superintendent, Tacoma Water Public Works Director, City of Kent
U
� l
John Bowman Gwenn Maxfield
General Manager, Lakehaven Utility District General Manager, Covington Water District
Cc: Shawn Bills, Legislative Director
Josephine Eckert, Legislative Assistant
Mindi Linquist, State Director
Sheila Babb, Deputy State Director
Kierra Phifer, South Sound Regional Director
50
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51
PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: July 2, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: July 7, 2014
From: Paul Scott, Accounting Manager
Through: Chad Bieren, P.E., City Engineer
Subject: Information Only/Water Rate Analysis
Item - 7
Motion:
Information Only/No Motion Required
Summary:
A financial analysis of the Water Fund indicates that the current revenue generated
by the utility is not sufficient to meet future capital needs.
We believe that there are opportunities to update and modify the city's rate
structure to meet our needs.
Staff will provide a presentation to the Committee regarding potential changes and
ask for direction on moving forward with a more formal rate analysis.
Budget Impact:
None at this time.
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53
Water Fund - Comparison
2008 & 2013
2008 2013 Increase
Total Revenue 10,202,127 19,332,383 9,130,256
Expenses, Debt Service & Capital
Total Operating Expense (including depreciation) 9,998,175 12,257,584 2,259,409
Total Debt Service 1,181,815 3,482,744 2,300,929
Capital Transfers 950,085 2,698,400 1,748,315
Total Expenses, Debt Service & Capital 12,130,075 18,438,728 6,308,653
Revenue less Expenses, Debt & Capital (1,927,948) 893,655 2,821,603
54
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55
Water Fund - Comparison
2008 & 2013
2008 2013 Increase
Revenue
Water Sales 8,315,263 16,504,209 8,188,946 98.5%
Other Revenue 1,886,864 2,828,174 941,310 49.9%
Total Revenue 10,202,127 19,332,383 9,130,256
Expenses, Debt Service & Capital
Operating Expense:
Operating Expense (less Excise Tax
and Tacoma Operating Expenses) 7,474,152 7,838,039 363,887 4.9%
Excise Tax 519,452 2,207,227 1,687,775 324.9%
Tacoma Operating Expenses 401,148 527,031 125,883 31.4%
Total Operating Expense 8,394,752 10,572,297 2,177,545
Depreciation Expense 1,603,423 1,685,287 81,864 5.1%
Debt Service:
Water Capital Projects 45,999 1,109,584 1,063,585
Tacoma Debt 1,135,816 2,373,160 1,237,344
Total Debt Service 1,181,815 3,482,744 2,300,929 194.7%
Capital Transfers 950,085 2,698,400 1,748,315 184.0%
Total Expenses, Debt Service & Capital 12,130,075 18,438,728 6,308,653
Revenue less Expenses, Debt & Capital (1,927,948) 893,655 2,821,603
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